DIMA Annual Report 1996-97

Sub-program 5.3: Internal Review (MIRO)

Objective

To ensure clients seeking merits review of primary decisions on visa applications receive lawful and preferable immigration decisions.

Description

The Migration Internal Review Office (MIRO) is the first tier of review for applicants who have been refused a visa onshore and sponsors of applicants who have been refused a visa offshore.

MIRO takes a fresh look at these cases and, where necessary, seeks new information or evidence.

MIRO decision makers are located in four offices in Australia — in New South Wales, Victoria, South Australia and Western Australia.

Policy and program support is provided by the Protection and Family Residence Branch.

Financial and staffing resources summary

	1996-97 Budget and AEs $'000s	1996-97 Actual $'000s	1995-96 Actual $'000s
Budgetary (cash) basis
Components of appropriations
Annual appropriations
Running costs	2 089	3 242	3 458
Other program costs	-	-	-
Total appropriations	2 089	3 242	3 458
Less adjustments	-	-	-
Total outlays	2 089	3 242	3 458
Total revenue	-	-	-
Staffing
Staff years (actual)	32	46	58

Performance information

Outcomes are measured by the extent to which:

1. fair, just and easily understandable decisions are arrived at;
2. processing targets are met; and
3. quick and cost efficient review processing is provided.

Performance outcome

(i) Fair decisions

The degree of client satisfaction with MIRO decisions can be measured by the proportion of cases which go on to further review.

In 1996-97, this was 1 605 cases (2 840 in 1995-96). The proportion of MIRO decisions set aside by the Immigration Review Tribunal (IRT) was 40 per cent (55 per cent in 1995-96).

MIRO set aside (that is, granted a visa or made a new points assessment) 1 153 of the 6 127 applications decided (that is, primary decision set aside or affirmed) at a rate of 18.8 per cent.

By comparison, 29 per cent of decisions were set aside in 1995-96. The variation in the set aside rate is a reflection of the mix of cases under review by MIRO.

Chart 14: Set-aside rates

The reasons for setting aside decision were:

Primary decision error	New information	Policy/ legislation change	Different weight given	Other	Total
Cases set aside	61 5.3 per cent	763 66.2 per cent	6 1.0 per cent	207 17.9 per cent	116 10.1 per cent	1 153 100.0 per cent

From time to time, cases involving disputed visa decisions are remitted to the Portfolio by courts or the Administrative Appeals Tribunal (AAT), either by direction following a hearing or by consent prior to hearing.

Since amendments to the Migration Act 1958 in 1994, most of these are reconsidered by the relevant independent review tribunal.

Some cases, however, remain for the Department to reconsider. In 1996-97, 19 such cases were received for reconsideration. 64 cases were finalised resulting in 34 approvals, nine refusals, and 21 cases otherwise resolved.

(ii) Processing targets

The number of review applications lodged increased to 6 540, from 5 571 in 1995-96. Of these, 63.3 per cent were for permanent visas and 36.7 per cent for temporary visas (69 per cent and 31 per cent in 1995-96).

Some 6 000 review applications were finalised by MIRO against a target of 5 460.

Chart 15: Received and finalised cases

Productivity averaged 159.6 cases per staff member against a target of 130.

A productivity target of 130 cases per staff member was used in 1995-96, down from 160 in 1994-95, to accommodate the increased complexity in cases coming to MIRO, the change in the mix of MIRO cases and changes in the legal framework, following amendment to Migration Act 1958.

This has allowed MIRO more time for individual cases in order to improve the quality of decisions.

The average processing time for finalising applications was 162.6 days, against the target of 120 days.

This is an increase in processing time from 1995-96, when average processing time was 124 days.

This is a reflection of the increased complexity in cases and the considerable effort taken during the financial year to clear older cases.

Chart 16: Average processing times

Some 48.6 per cent of applications were finalised within 120 days of lodgment against a target of 90 per cent.

This is a decrease on previous years (62 per cent in 1995-96, 83 per cent in 1994-95, 78 per cent in 1993-94 and 77 per cent in 1992-93).

(iii) Review processing

The average age of all active review applications as at 30 June 1997 was 191.2 days against the target figure of 120 days.

Table 9: Age analysis of applications on hand

<3 months	>3 and <6 months	>6 and <9 months	>9 and <12 months	>12 and <18 months	>18 and <24 months	>24 months	Total on hand
1 448	386	612	343	265	108	60	3 222

Note: All figures include 1 November cases lodged and processed by MIRO in 1996-97.

The average cost per MIRO decision was $596, (including Central Office and corporate services costs).

This represents an absolute increase of less than one per cent on 1995-96 which can be attributed to the increased complexity in cases coming to MIRO, the change in the mix of MIRO cases and changes in the legal framework following amendment to the Migration Act 1958 mentioned above.

Despite this increase, the average cost per decision remains below the 1991-92 level as indicated in the following chart.

Chart 17:Case costs

Note: For consistency, the figures included in the table exclude Central Office and Corporate Services costs, as these costs are not available for all years.

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